Oregon Landlord Tenant Rights
Renting a home in Oregon is a big decision. Before you take the step of renting a home or leasing a premises out to a tenant, check out our quick fact sheet of Oregon Landlord Tenant Rights.
Under Oregon law, landlords have certain responsibilities to their tenants. These include addressing, maintaining, or providing the following:
- Dwelling structures
- Sealed windows and doors
- Electrical outlets and wiring
- Plumbing and sanitation
- Carbon monoxide detectors
- Bed bugs
Landlords are prohibited from engaging in retaliatory conduct. The tenant may make their own repairs up to $300 and deduct that amount from any rent due.
Likewise, Oregon law gives tenants responsibilities to the landlord including:
- Timely rent payments
- Maintain unit in a safe and habitable condition
- Keep plumbing fixtures clean and sanitary
- Use all facilities, appliances, and rooms in a reasonable manner
- Dispose of all waste in a legal and safe manner
- Complete small repairs and routine maintenance
- Test smoke detectors and carbon monoxide detectors and replace the batteries when needed
- Refrain from removing or tampering with the smoke detector, carbon monoxide detector, or sprinkler head
- Refrain from disturbing other tenants or neighbors
- Damage to the premises is prohibited
The landlord is free to request any amount for a security deposit but must return the deposit minus deductions for unpaid rent and damages within 31 days or be held liable for twice the amount.
Rent and Fees
Oregon has rent control statutes that prohibit landlords from increasing the rent more than 7% annually. The tenant must receive a 30-day notice of any rent increase. Landlords may charge a reasonable flat fee or up to 5% the missing rent for each late payment due.
Landlords can evict tenants for the following reasons:
- Nonpayment of rent
- Lease violation
- No lease or end of lease
- Having a pet that is capable of causing damage
- Giving false information on their rental application
- Illegal acts
Tenants can legally end their lease early in the following circumstances:
- Early termination clause in the lease
- Active military duty
- Uninhabitable unit
- Landlord harassment
- Domestic violence
Landlords have the duty to mitigate damages by attempting to re-rent the premises for the remainder of the tenancy period.
Lease Termination Notice
If the lease is being terminated for nonpayment of rent the landlord must issue a 72-hour notice if the tenancy is week-to-week. For all other tenancies, the tenant should be given a 72-hour notice if the notice is given on the 8th day or a 144-hour notice if the notice is given on the 5th day.
If the lease is being terminated for a violation, the tenant must receive a 30-day notice unless the tenancy is week-to-week in which case they should be given a 7-day notice.
If the tenant stays in the unit beyond the fixed term of the lease or if there isn’t a lease, the landlord must issue a 10-day notice to quit for week-to-week tenants and a 30-day notice for month-to-month tenants.
If the lease is being terminated because of a pet that is capable of causing damage, the tenants should be given a 10-day notice during which they can remedy the situation and not be evicted. If the animal remains after the 10-day notice, the tenant should be given a 24-hour notice to quit.
If the tenant provided false information on their rental application regarding their criminal history, the landlord can serve them with a 24-hour notice to terminate.
Landlords can issue a 24-hour notice if any of the following illegal acts take place:
- Controlled substances
- Manufacturing cannabinoid extract without a license
- Bias crimes
- Tenant threatens harm to others or to the property